04 Feb 2017

USCIS Confirms it is Adjudicating Applications & Petitions for Travel Ban Nationals

The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it is continuing to adjudicate petitions and applications filed on behalf of foreign nationals from the seven "travel ban" countries. The full statement from the USCIS reads as follows: USCIS continues to adjudicate applications and petitions...

02 Feb 2017

DOS: No Plans to Add More Countries to Travel Ban List

The U.S. Department of State (DOS) advised representatives of the American Immigration Lawyers Association (AILA) that there are no plans to add any more countries to the travel ban list. The travel ban, instituted on January 27, 2017 by executive order, presently applies to Iran,...

31 Jan 2017

Possible Executive Order Targeting Employment-Based Immigration

President Trump has already signed several immigration-related executive orders, and it appears that more are on the way. One leaked proposed order, entitled "Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs" includes a number of provisions...

31 Jan 2017

MurthyChat Transcript from Jan 30, 2017: The President’s Executive Order

Are Indian immigrants being stopped and verified at domestic airports in USA? Can we travel around the USA? Answer Domestic travel would not involve inspection at a CBP border checkpoint, so should not be an issue.---I am a GC holder and currently on vacation in India. Does...

30 Jan 2017

Understanding the Current Administration & Immigration: FAQs

Since the election and inauguration of President Donald J. Trump, questions from concerned foreign nationals and U.S. employers have reached our firm. These are sample questions, answered by Murthy Law Firm attorneys. More information can be found in the Current Administration & Immigration page on...

13 Jan 2017

I am a student in F-1 status and my wife is my F-2 dependent. I am working on OPT that expires in July. My employer is filing an H1B petition for me with an October 1st start date. …

... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD. If my wife does not file her application for...

09 Jan 2017

I am on OPT and will be filing for H1B this year. If the case is approved, will I need to go for stamping? If not, can my dependent still go for stamping, since she is outside the U.S.?

Answer In general, a visa "stamp" is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One's dependent typically should be able to receive an H-4 "stamp" in this scenario. (09.Jan.2017)In frequent sessions of our Chat,...

02 Dec 2016

My husband and I are full-time students in F-1 status. We are currently expecting our first child. After the birth of our baby, I would like to reduce my course load to part-time, but continue to take classes towards my master’s degree. Is this permitted?

Answer To be able to take classes on a part-time basis, you may need to apply for a change of status from F-1 to F-2 as a spouse of an F-1 student. Individuals in F-2 status are permitted to enroll in less than a full-time study,...